Trans 401.04(7m)(d)(d) The construction or maintenance of any highway or portion of a highway located on a federal-aid system, unless no state or federal funds are used, or unless all state and federal funds used are awarded under a grant agreement that does not specify that the department is directing and supervising, or administering, the project. Trans 401.04 NoteNote: The Department of Transportation sometimes engages in the activities described in this subsection to assist local units of government on local transportation facility construction projects. Providing such assistance, without more, does not mean the Department directs and supervises that local project, and the project does not become subject to this chapter because of that assistance. Activities not directed and supervised by the Department are subject to erosion control and stormwater management regulation by the Department of Natural Resources.
Trans 401.04(8)(8) “Discharge” means the movement of pollutants or sediments from a project site or selected site as a result of erosion or runoff. Trans 401.04(9)(9) “Disturbed area” means an area on a project site or selected site where land disturbing activity has occurred. Trans 401.04(10)(10) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice or gravity. Trans 401.04(12)(12) “Erosion control implementation plan” or “ECIP” means the erosion control implementation plan required under s. Trans 401.08. Trans 401.04(14)(14) “Infiltration system” means a device or practice that is designed specifically to encourage the entry and movement of surface water into or through underlying soil. “Infiltration system” does not include natural entry and movement of surface water into or through underlying soil in pervious areas such as lawns. “Infiltration system” does not include minimal entry and movement of surface water into or through underlying soil from practices such as swales or roadside channels that are designed for conveyance and pollutant removal only. Trans 401.04(15)(15) “Inspector” means an employee or authorized representative of the department assigned to make inspections of work or materials. Trans 401.04(15m)(15m) “Land disturbing activity” means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in increased runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. “Land disturbing activity” includes clearing and grubbing, demolition, excavating, pit trench dewatering, and filling and grading activities, but does not include routine maintenance. “Land disturbing activity” does not include activities, such as tree trimming or brush removal, that involve only the cutting or removing of vegetation above the ground by a utility person. Trans 401.04(16)(16) “Material disposal site” means an area that is outside of a project site, is used for the lawful disposal of surplus materials or materials unsuitable for use within the project site, and is under the direct control of the contractor. “Material disposal site” does not include a private landfill that is not managed by the contractor or a municipally owned landfill. Trans 401.04(17)(17) “Permanent best management practices” means those best management practices that are intended to remain in place after final stabilization. Trans 401.04(18)(18) “Person” means an individual, institution, business, corporation, limited liability company, partnership, association, joint venture, governmental subdivision or agency, or any other legal entity, except the term does not include the department, or its officers or employees acting in their official capacities. Trans 401.04(20)(20) “Pre-construction conference” means a conference scheduled between the department, prime contractor and other invited persons prior to the commencement of construction or maintenance activity at a site. Trans 401.04(21)(21) “Prime contractor” means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the department. Trans 401.04(23)(23) “Project diary” means a diary of a project’s activities kept by a project engineer or inspector, including all inspection report forms and any erosion control inspection forms completed under s. Trans 401.10 (4). Trans 401.04(24)(24) “Project engineer” means an employee or authorized representative of the department who is in charge of the engineering details and the field administration of a project. Trans 401.04(25)(25) “Project site” means the area of a project on which land disturbing activity occurs, excluding borrow sites and material disposal sites. Trans 401.04(25m)(25m) “Routine maintenance” means an activity that involves less than 5 acres of land disturbance and that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of an existing transportation facility. Trans 401.04(26)(26) “Runoff” means storm water or precipitation, including rain, snow or ice melt, that moves on land surface via sheet or channeled flow. Trans 401.04(27)(27) “Runoff coefficient” means the fraction of total precipitation that will leave a project site or selected site as runoff based on land use, soil and drainage characteristics. Trans 401.04(28)(28) “Section 404 permit” means a permit issued by the U.S. army corps of engineers under 33 USC 1344 of the clean water act, as amended. Trans 401.04(29)(29) “Sediment” means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location. Trans 401.04(30)(30) “Sedimentation” means the act or process of depositing sediment. Trans 401.04(31)(31) “Selected site” means any borrow site or material disposal site used exclusively for projects directed and supervised by the department. A site shall be considered to be used exclusively for department projects even if material excavated from the site are sold directly to consumers as incidental sales. Trans 401.04(33)(33) “Stabilize” or “stabilization” means using best management practices to avoid or minimize soil, sediment and pollutant movement onto or off a site.